McLean v. . Leitch
Supreme Court of North Carolina
Appeal by I. P. and J. L. McLean, from Lyon, J., at December Term, 1909, of Robeson. This was a motion in a special proceeding. Pending the proceeding and after order 'of sale, certain of the cotenants conveyed for value their several interests to A. D. McLean. He did not have his deeds recorded nor did he then become a party to the proceedings.
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Appeal by I. P. and J. L. McLean, from Lyon, J., at December Term, 1909, of Robeson. This was a motion in a special proceeding. Pending the proceeding and after order 'of sale, certain of the cotenants conveyed for value their several interests to A. D. McLean. He did not have his deeds recorded nor did he then become a party to the proceedings. The proceeding pended for several years thereafter, the order of sale was attempted to be executed, but no order of confirmation ivas made. Subsequently, some of the parties who had conveyed their interests to A. D. McLean, conveyed the same interests…
1Opinion of the CourtManning, J.
The sole question presented by this appeal is whether realty, petitioned to be sold for partition by tenants in common, is converted into money when tbe order of sale is made, and passes as personalty, or whether it retains its character as realty until sale is actually made and the proceeds received. Section 2516, Rev., clearly provides that as to infants, married women and tbe classes therein mentioned, tbe money is realty and goes to tbe real representatives, and it has been 'so construed by this Court. Hall v. Short, 81 N. C., 273; Dudley v. Winfield, 45 N. C., 91; Bateman v. Latham, 56…
2Cases cited7 opinions
- Smith v. SmithIllinois Supreme Court · 1898
- Joyner v. Futrell.Supreme Court of North Carolina · 1904
- Hall v. . ShortSupreme Court of North Carolina · 1879
- Jenkins v. SimmsCourt of Appeals of Maryland · 1877
- State Ex Rel. Allison v. RobinsonSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McCoy v. FergusonCourt of Appeals of Kentucky (pre-1976) · 1933
- Cook v. Estate of ToddSupreme Court of Iowa · 1958
- Maess v. GreenfieldCourt of Appeals of Kentucky · 1977
- Odom v. . PalmerSupreme Court of North Carolina · 1935
- Brown v. CowperSupreme Court of North Carolina · 1957
3 more not listed; retrieve them via the Exa API.